Startup Pitch Agreement
Preamble
The present document describes the terms and conditions related to the application process and functioning of the Startup Pitch Competition (hereinafter the “Contest”) organized by CFC Big Ideas as a part of Davos Energy Week Online, that offers a platform to early-stage startups that are dealing with energy and sustainability issues. It also defines the Startup Pitch Competition rules (hereinafter the “Contest rules”).
Your purchase of the Event’s ticket and application for the Contest through the Website is subject to the terms of the present Startup Pitch Terms & Conditions, the Ticket-holder Agreement, the Website Terms of Use, the Privacy Policy, and the Anti-Harassment Policy, including any and all accompanying documents. When reference is made to the “Terms” it shall also include the Ticket-holder Agreement, the Website Terms of Use, the Privacy Policy, and the Anti-Harassment Policy, including any and all accompanying documents, which are incorporated by reference herein as if recited at length.
You must carefully read and comply with the Terms. By purchasing tickets and applying for the Contest through the Website you agree to be bound by the Terms, and you are confirming that you have fully read, understood and irrevocably accepted these Terms.
If you have any questions about these Terms, please contact us.
This preamble shall form an integral part of the Terms.
Definitions
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“CFC BIG IDEAS'' or the “Company” or the “Website Owner” — means Limited Liability Company “CFC BIG IDEAS” , the company incorporated in Ukraine, TIN: 31992454, located at: 8, Kostyolna Street, 6th floor, Kyiv, 01001, Ukraine. Legal Address: 4А, Rohnidynska, Street, office 10, Kyiv, 01024, Ukraine. CFC Big Ideas organizes and provides access to Davos Energy Week Online hosted online that allows users to access panels, talks, discussions, workshops streamed via the Internet at the Event Platform taking place 19–21 January 2021 (“Event”).
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“You” (may be written as “You” or “you”) or the “User”, or the “Attendee”, or the “Applicant”, who purchased the Ticket(s) to the Event and applied for participation in the Contest;
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“Terms” means the present Startup Pitch Terms & Conditions, Ticket-holder Agreement, the Website Terms of Use, the Privacy Policy, and the Anti-Harassment Policy, including any and all accompanying documents;
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“Event” means Davos Energy Week Online organized by the Company and hosted online that allows users to access panels, talks, discussions streamed via the Internet at the Event Platform taking place 19–21 January 2021;
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“Contest” means the Startup Pitch Competition organized by CFC Big Ideas as a part of the Event;
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“Startup” (may be written as “Startup” or “startup”) means a company or project aimed to develop and deliver a unique solution that may drastically impact the energy industry. The Applicant shall have the authority for official representation of the Startup;
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“Website” means the website https://davosenergyweek.com;
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“Event Platform” means a digital event platform based on https://pinetool.ai that the Company uses for the Event. Please read pinetool.ai’s terms and conditions: https://pinetool.ai/legal/terms-clients and privacy policy: https://pinetool.ai/ legal/privacy-policy. The Company may change the Event Platform based on https://pinetool.ai to an alternative one provided that the alternative platform provides the similar or same functionality. The Company will send the exact link to the Event Platform no later than 1 (one) week before the Event.
Article 1 — Participation And Eligibility
Application. Startups can enter the Contest by registering for the Event and applying for the Contest. Upon approval of your application for the Contest by the Organizer, you will receive access to the Event’s Startup package which includes
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networking opportunities;
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your startup will have a virtual booth in the startup expo area, available to all participants;
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you will be able to network with participants of the Event — Energy leaders from global corporations, Corporate Sustainability Officers and Consultants, Sustainability NGO leaders
The Applicant’s online application form must include responses to all mandatory areas in the application form. The Applicant must complete the application form in English.
Requirements. The Startup represented by the Applicant must simultaneously comply with the following requirements:
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the Startup’s product (services) must deliver a unique solution that may drastically impact the energy industry;
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the Startup’s product (services) has not passed the pre-seed stage (i.e. you have an idea/proof of concept/minimal viable product, but have not attracted a seed investment yet).
By participating, the Applicant agrees to be fully and unconditionally bound by these Contest rules and the Terms, and represents and warrants that it meets the eligibility requirements. In addition, the Applicant agrees to accept the Organizer’s decisions relating to the content of this Contest as final and binding. The Applicant’s team member(s) who received the Event’s ticket(s) within the Event’s Startup package are bound by the same Terms as the Applicant.
The Organizer has the right to verify the eligibility of each Applicant. Entries that are incomplete or do not adhere to the Contest rules or specifications may be disqualified at the sole discretion of the Organizer. If the Applicant uses fraudulent or misleading methods or otherwise attempts to circumvent the rules, its submission may be removed from eligibility at the sole discretion of the Organizer. The Organizer reserves the right to disqualify the Startup from the Contest at the sole discretion of the Organizer. In the case of disqualification from the Contest, the license for the additional Event’s ticket(s) and all other privileges within the Event’s Startup package will be revoked, but the Applicant will keep their own single ticket to participate in the Event under the terms of the Ticket-holder Agreement.
Limited number of participants. The Contest has a limited number of available spots for participating startups, with a total number of 15 (fifteen) Contest participants (no more than three per Сategory). The Organizer reserves the right to change the cap of Startups participating in the Contest at the sole discretion of the Organizer.
Article 2 — Contest Schedule
The Contest is held within the schedule with the following deadlines:
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Application and Recruitment Period: till 12 January 2021
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Finalists Selection: 13–14 January 2021
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Pitch Preparations’ Testing sessions: 15–16 January 2021
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Pitch Presentations: 19–21 January 2021 (in a separate stream of the Event)
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Winners Announcement: 21 January 2021
All application entries must be received during the Application and Recruitment Period. Submissions received after the deadline will not be accepted. The Organizer reserves the right to extend the above deadlines at the Organizer’s sole discretion informing the Applicants through the event’s website.
Article 3 — Composition And Role of the Jury
The Contest’s Jury is composed of experts from the private and/or public sector with relevant experience found and appointed by the Organizer at the Organizer’s sole discretion.
Based on the Finalists’ Pitch Presentations at the Contest, the Contest’s Jury will choose the winners and runner-ups of the contest.
Article 4 — Pitch Presentations
During the Pitch Presentations, the Finalists will be granted three (3) minutes to present their Startup and attempt to convince the members of the Contest’s Jury. Every pitch will be followed by four (4) minutes of Q&A conducted by the Contest’s Jury.
The official language for the Pitch Presentations sessions is English.
Article 5 — Prizes
The prize fund of the Contest will consist of a direct donation from an innovation partner.
In case any of the Winners or Runner-ups is disqualified for any reason, the Organizer will grant the prize to the next best Finalist. The Winners and Runner-ups of the Contest need to comply with any and all local laws and regulations of their jurisdiction. Any applicable taxes and delivery, convenience, bank charges and other fees incurred by the payment of the Award shall be borne entirely by the Winners and Runner-ups.
In consideration of the payment of the Award, the Winners and Runner-ups shall:
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Provide the Organizer with quarterly updates regarding the key development of the Startup over a six months period (hereafter “the Feedback period”);
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Provide the Organizer with the right to communicate positively through any communication means, internally and/or externally, concerning the Startup developments over the Feedback Period and/or to advocate positive impact of the Award in such respect. The Winners and Runner-ups shall ensure their best efforts not to withhold unreasonably their consent to such public relationship communication(s) as long as not deemed contrary to the Winners and Runner-ups prospects/interests;
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Inform the Organizer of any additional round of financing in the Winners and Runner-ups and/or its parents as from the date hereof and during the whole duration of the Feedback Period.
More generally, the acceptance of the Award constitutes permission for the Organizer to use the Winners’ and Runner-ups’ name, likeness, and entry for purposes of advertising and trade without further request.
Article 6 — Intellectual Property
The Applicant understands and agrees that the Organizer, anyone acting on behalf of the Organizer, and the Organizer’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the world, without limitation, the Applicants’ entry, name, portrait, picture, voice, likeness, image, statements about the Contest, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes, without any further compensation, notice, review, or consent.
By submitting an application any Applicant represents and warrants that the content of the application is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If an entry of any Applicant infringes upon the intellectual property right of another, such Applicant will be disqualified at the sole discretion of the Organizer.
If the content of the entry is claimed to constitute an infringement of any proprietary or intellectual proprietary rights of any third party, the Applicant shall, at Applicant’s sole expense, defend or settle against such claims. The Applicant shall indemnify, defend, and hold harmless the Organizer from and against any suit, proceeding, claims, liabilities, loss, damage, costs or expenses, which the Organizer may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right. The Applicant is fully responsible at all time for the protection of the Applicant’s intellectual property within the framework of participation in the Contest.
The Applicant is solely responsible for the information about the Startup and its participation in the Contest communicated, published or disseminated by the Applicant. In cases of such communication, the Applicant shall state that it does not represent the opinion of the Organizer, and that the Organizer is not responsible for any use that might be made of data appearing therein.
Article 7 — Amendments
The Organizer reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should fraud, force majeure or other cause beyond the Organizer’s control corrupt or affect the administration, security, fairness, or proper conduct of the Contest.
The Organizer reserves the right, in its sole discretion, to disqualify any Applicant who tampers or attempts to tamper with the entry process or the operation of the Contest or violates these Terms. The Organizer has the right, in its sole discretion, to maintain the integrity of the Contest. Any attempt by an Applicant to deliberately damage or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such attempt be made, the Organizer reserves the right to seek damages to the fullest extent permitted by law.
Article 8 — Limitation of Liability
By applying, the Applicant agrees to release and hold harmless the Organizer and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) the Applicant’s participation in the Contest and/or its acceptance, possession, use, or misuse of the Award or; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the promotion.
Article 9 — Miscellaneous
Assignment. The Company may, at its sole discretion, assign any of its rights and/or delegate its duties (including, but not limited any and all intellectual property rights for all the intellectual property rights objects created during or referring to the Event) to any third party at any time. You may not assign Your rights or delegate Your duties as the Company, and any assignment or delegation without the previous written consent of the Company shall be null and void.
Communication and Notices. Any communication concerning the implementation of these Terms and/or violation should be conducted only via Your email and through the Company’s contact form on the Website. Your official email for communication shall be deemed the email specified by You during the account registration process. The one and only language of the communication shall be English. The Company may provide any notice to You under these Terms by: (i) posting a notice on the Website; or (ii) sending an email to the email address then associated with Your account. Notices the Company provides by posting on the Website will be effective upon posting and notices the Company provides by email will be effective when such email is sent. It is Your responsibility to keep Your email address up to date. You will be deemed to have received any email sent to the email address then associated with Your account when the Company sends such email, whether or not You actually receive or read the email.
Applicable Law. All questions concerning the construction, validity, enforcement and interpretation of these Terms shall be governed by and construed and enforced in accordance with the laws of the United Arab Emirates. To resolve any dispute, controversy or claim between them arising out of or relating to these Terms, or the breach thereof, the Parties agree first to negotiate in good faith for a period of not less than sixty (60) days following written notification of such controversy or claim to the other Party. If the negotiations do not resolve the dispute, controversy or claim to the reasonable satisfaction of all Parties during such period, then the Parties irrevocably and unconditionally submit the respective claim to the binding arbitration with the Rules of Arbitration of International Chamber of Commerce. The claim is to be reviewed by one or more arbitrators appointed in accordance with the said rules. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings in which either Party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, You and the Company (a) waive Your and Company’s respective rights to have any and all disputes arising from or related to these Terms resolved in a court, and (b) waive Your and Company’s respective rights to a jury trial. The substantive law shall be the Applicable Law (including all other operating rules, policies, and procedures that may be issued by the Company and published from time to time on the Website), without regard to conflict of law rules or principles. The language of the arbitration shall be English.
Nothing contained in the Terms shall limit our right to bring enforcement proceedings in another jurisdiction or to seek interim, protective or provisional relief in the courts of another jurisdiction.
Force Majeure Events. The Company shall not be liable for any loss or damage arising from any event beyond its reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, actions of government, communications, power failure, or equipment or software malfunction or any other cause beyond its reasonable control (each, a “Force Majeure Event”).
Updates. The Organizer reserves the right to update the Terms at any time. All updates will be posted on the Website.